LawServer Nav Menu

2013 Indiana Code 35-48-4-11. Possession of marijuana, hash oil, hashish, or salvia

     Note: This version of section amended by P.L.196-2013, SEC.23. See also following version of this section amended by P.L.158-2013, SEC.638, effective 7-1-2014.
    Sec. 11. A person who:
        (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, or salvia;
        (2) knowingly or intentionally grows or cultivates marijuana; or
        (3) knowing that marijuana is growing on the person’s premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, or salvia, a Class A misdemeanor. However, the offense is a Class D felony if the amount involved is more than thirty (30) grams of marijuana or two (2) grams of hash oil, hashish, or salvia, or if the person has a prior conviction of an offense involving marijuana, hash oil, hashish, or salvia.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012, SEC.234; P.L.78-2012, SEC.15; P.L.196-2013, SEC.23.

2013 Indiana Code 35-48-4-11. Possession of marijuana, hash oil, hashish, salvia, or a synthetic drug

     Note: This version of section amended by P.L.158-2013, SEC.638, effective 7-1-2014. See also preceding version of this section amended by P.L.196-2013, SEC.23.
    Sec. 11. (a) A person who:
        (1) knowingly or intentionally possesses (pure or adulterated) marijuana, hash oil, hashish, salvia, or a synthetic drug;
        (2) knowingly or intentionally grows or cultivates marijuana; or
        (3) knowing that marijuana is growing on the person’s premises, fails to destroy the marijuana plants;
commits possession of marijuana, hash oil, hashish, salvia, or a synthetic drug, a Class B misdemeanor, except as provided in subsections (b) through (c).
    (b) The offense described in subsection (a) is a Class A misdemeanor if the person has a prior conviction for a drug offense.
    (c) The offense described in subsection (a) is a Level 6 felony if:
        (1) the person has a prior conviction for a drug offense; and
        (2) the person possesses:
            (A) at least thirty (30) grams of marijuana; or
            (B) at least two (2) grams of hash oil, hashish, salvia, or a synthetic drug.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1977, P.L.340, SEC.106; Acts 1979, P.L.303, SEC.12; P.L.138-1983, SEC.5; P.L.138-2011, SEC.17; P.L.182-2011, SEC.17; P.L.6-2012, SEC.234; P.L.78-2012, SEC.15; P.L.158-2013, SEC.638.